"Bad Faith as a Substitute for Prejudice in Late Notice Disputes"

[Mr. Hall is a former law firm partner, a former insurance and reinsurance company executive and acts as a reinsurance and insurance consultant and expert witness as well as an arbitrator and mediator of insurance disputes. The views expressed in this article are those of the author and do not reflect the views of his clients. Copyright 2013 by the author. Additional background on the author and his other publications can be found on his website: robertmhall.com.]

I. Introduction

Many courts now require that the reinsurer demonstrate prejudice as a result of late advice of a claim by the cedent. …